Law: Constitution of Pakistan, 1973

Section: 199

Law: Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act, 2015 ("MTI Act")

Section: 10(3),2(m), 12)

Law: General Clauses Act, 1897

Section: 21

Sections / Legal Provisions Used: Article 199, MTI Act 2015 (Section 10(3), Section 2(m), Section 12), General Clauses Act Section 21, Principles of Natural Justice (audi alteram partem), Locus Poenitentiae doctrine, Vested Rights doctrine Case Summary: Medical directors were removed from MTI MMC after Board wrongly assumed a High Court ban applied to their appointments. Court held the decision was based on misinterpretation, was irrational, and violated vested rights and due process. Removal was set aside and reinstatement with back benefits was ordered. 2 Two-Word Descriptions: Illegal Removal Vested Rights (a) In a case when vested rights are created under an earlier notification then same may not be unilaterally withdrawn by an authority exercising its locus poenitentiae under section 21 of the General Clauses Act. (b) When an act of Departmental Authority is found to be so unreasonable that a man of ordinary prudence culd not find it logical in any sense, then same would furnish a ground for judicial review of administrative actions. JUDGEMENT  Facts, according to contents of instant writ petition, are that petitioner No.1 is a seasoned medical professional and a decorated retired army officer, a recipient of Sitara-e-Imtiaz with an unblemished career, while Petitioner No.2 is also a senior medical practitioner at MTI Mardan Medical Complex with an impeccable professional record. When vacancies arose for the posts of Hospital Director and Medical Director at MTI MMC, the Petitioners, being fully qualified, applied and were duly appointed on 24.08.2024 by approval  of  the  Board  of  Governors.  After  their   appointment, they worked diligently for the improvement of MTI MMC, made appointments strictly under law, and conducted high-level inquiries. Their transparent functioning, however, displeased certain later-inducted members of the Board of Governors as well as some local politicians seeking undue favours. Unexpectedly, on 03.01.2025, the Petitioners were relieved from their positions without any lawful justification, and in complete disregard of the procedure mandated under Section 10(3) read with…